Settling an estate — collecting everything a person owned, paying their debts, and passing what remains to the people entitled to it — is a significant responsibility. If there is a will, the person named to handle it is usually called the executor; if there is no will, or if the named executor cannot serve, the court appoints an administrator or personal representative. Either way, you take on a fiduciary duty to the estate, meaning you must act in its best interest at every step.
The core tasks are broadly similar from state to state, but the specific forms, deadlines, court fees, and shortcuts available to you depend entirely on the state where the person died and where they owned property. Think of this guide as a map of the terrain — you'll still need to confirm the local rules with your state's probate court or a licensed probate attorney.
Before you start: know what goes through probate
Not everything a person owned at death goes through probate court. Non-probate assets pass directly to named people regardless of the will:
- Life insurance policies with a named beneficiary
- Retirement accounts (401(k), IRA) with a named beneficiary
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) investment accounts
- Property held in joint tenancy with right of survivorship
- Assets held in a revocable living trust
Only assets owned solely in the decedent's name — with no beneficiary designation and not held in a trust — are probate assets requiring court involvement. Identifying which bucket each asset falls into is the first thing to figure out, and doing it early will shape every step that follows.
Step 1: Secure and protect the assets
Your first obligation as executor is to make sure nothing is lost, stolen, or damaged before the estate is properly administered. This is not just good practice — it is part of your fiduciary duty. Practically speaking, that means:
- Securing the decedent's home (change locks if the property will be vacant; keep homeowner's insurance active)
- Safeguarding vehicles, jewelry, collectibles, and other valuable personal property
- Locating and storing important documents: the will, deeds, vehicle titles, financial account statements, tax returns, insurance policies, and Social Security records
- Contacting financial institutions to flag the account holder as deceased — you cannot transfer money yet, but you want to monitor for unauthorized activity
- Canceling or redirecting automatic payments and subscriptions where appropriate
If the decedent owned a business, you may need to act quickly to keep it operating or to preserve its value while the estate is being settled.
Step 2: File the will and open probate
If there is a will, it must generally be filed with the probate court in the county where the person lived at the time of death — or where they owned real property, if they lived in another state. The court examines the will to determine whether it meets state requirements for validity. You'll also petition the court to appoint you as executor and to formally open the estate.
If there is no will, the person died intestate, and the court appoints an administrator. State intestate succession law — not anyone's wishes — then determines who inherits and in what shares. Spouses and children typically come first; other relatives follow in a fixed priority order that varies by state. Unmarried partners and close friends generally inherit nothing under intestacy.
Step 3: Obtain letters testamentary or letters of administration
Once the court appoints you, it issues official authorization documents. If there is a will, these are usually called letters testamentary; without a will, letters of administration. These papers prove to banks, brokers, the IRS, the Social Security Administration, real estate registries, and everyone else you'll deal with that you have legal authority to act for the estate.
Request multiple certified copies from the court. Most institutions require an original certified copy, and you will need them for many different purposes at the same time. Running out of certified copies causes delays — order more than you think you need.
Step 4: Open a dedicated estate bank account
All money flowing through the estate must move through a separate estate checking account — never commingled with your personal funds. This protects you from personal liability, satisfies your fiduciary duty, and makes the final accounting straightforward. Deposit any incoming funds — rent on estate property, tax refunds, account proceeds — into this account, and pay all estate expenses from it. A paper trail matters.
Step 5: Inventory and value all probate assets
Many states require a formal inventory to be filed with the probate court. Even where it is not required, you need a complete accounting of everything the estate owns and its fair market value as of the date of death. This typically includes:
- Bank and investment accounts
- Real estate (each parcel, with appraised value)
- Vehicles and other titled property
- Business interests and partnership shares
- Personal property: jewelry, art, collectibles, furniture
- Money owed to the decedent (unpaid loans, pending tax refunds)
- Digital assets (check your state's law on access to digital accounts)
For significant assets — real estate, closely held business interests, artwork, or unusual collectibles — you will likely need a professional appraisal. Date-of-death values matter both for potential tax purposes and for calculating how much each beneficiary ultimately receives.